The Education (Assisted Places) Regulations 1997

Provisionally selected pupils

20.—(1) In this regulation “provisionally selected pupil” means a child who—

(a) is an existing assisted pupil within the meaning of section 2(5) of the 1997 Act;

(b) did not hold an assisted place provided for the purposes of the assisted places scheme at any time during the 1996—97 school year; and

(c) was provisionally selected, in accordance with regulation 3(2) of the 1995 Regulations, for an assisted place under that scheme to be taken up in the 1997—98 school year.

(2) A school shall, as soon after the beginning of the 1997—98 school year as is reasonably practicable, ascertain whether each of the relevant conditions (as defined in paragraph (4)) is fulfilled in the case of a provisionally selected pupil; and where they are satisfied that each relevant condition is fulfilled in the case of any such pupil, they shall finally select him for an assisted place.

(3) Where a school ascertain that any relevant condition is not fulfilled in the case of a provisionally selected pupil, they shall withdraw his assisted place forthwith, and his parents shall be liable for any fees provisionally remitted by the school in his case.

(4) In paragraphs (2) and (3) the references to “relevant condition” mean a condition mentioned in the provisions of Part II of the 1995 Regulations as those provisions have continued effect in accordance with paragraph (5).

(5) Despite the coming into force of section 1 of the 1997 Act, the provisions contained in the 1995 Regulations referred to in the first column of the following table shall continue to have effect for the purposes and to the extent referred to in the second column of that table.

Table

Provisions of the 1995 Regulations	Purpose and extent
Regulation 2.	For the purposes of construing the provisions of the 1995 Regulations referred to in this Table, save that regulation 2(1) shall have effect as if: (a) there were inserted before the definition of “assisted pupil” the following definition— ““assisted place” means an assisted place provided under section 2(1) of the Education (Schools) Act 1997;”; and (b) there were inserted before the definition of “refugee” the following definition— ““participation agreement” in relation to a school means the participation agreement made by the Secretary of State and the school as it had effect immediately before the commencement of section 1 of the Education (Schools) Act 1997;”.
Part II, except for regulation 3(1) to (3).	For the purposes of determining whether the relevant conditions are satisfied in the case of a provisionally selected pupil, save that— (a) regulation 3(4) shall have effect as if for “specified by the Secretary of State pursuant to regulation 16” there were substituted “most recently specified by the Secretary of State pursuant to regulation 16(a) before the commencement of section 1 of the Education (Schools) Act 1997”; and (b) regulation 7(2)(a) shall have effect as if the reference to Part III were a reference to Part III of these Regulations.